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Important: Read Carefully The Following End User License Agreement Before Using This Software. By Installing And Using The Software, You Are Confirming Your Acceptance Of The Software And Are Bound By The Terms Of This Agreement.

This software and derivative works of such software program and materials are the copyrighted work of Smart Business FZE ®. Use of this Program is governed by the terms of the End User License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.

End User License Agreement

License

Smart Business FZE (SBF) hereby grants a limited, non-exclusive license and right to install and use of the Program for your own use on one website and by installing the Program you thereby accept that you may not network the Program or otherwise install it or use it on more than one computer at a time. The Program is licensed, not sold. Your license confers no title or ownership in the Program. This software can not be resold, but this license can be resold or transferred to one party for single site use subject to prior permission of SBF.

You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

If you fail to comply with this Agreement, SBF may terminate the license and you must destroy all copies of the Software.

Ownership

The license gives you limited license to use the Software. SBF retains all rights, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. Any violation of this agreement may result in civil and criminal penalties.

This Agreement shall be governed by and construed in accordance with the laws of UAE, without reference to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the courts located in Ras Al Khaimah, UAE. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.

End User Responsibilities

Subject to the grant of license, you may modify this program to make the software seamlessly integrate with your website, or to develop modules which add functionality.

You agree that you may not, in whole or in part, copy, reproduce, reverse engineer, modify, disassemble, decompile, or create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of SBF.

The program is licensed to you as a single product. You must leave the copyright information intact in each of the source files. You are not entitled to rent, lease, or license the Program to others. You may not provide, sell or transfer reproductions of the Program to other parties in any way.

Program Transfer

You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program from all computers on which you installed or had installed by another party.

External Components

The Program may rely on, external components provided by a third party to provide some level of functionality. In any case, SBF makes no warranties, claims, or provision for any third party components. You are responsible for making any and all appropriate licensing arrangements with any third party external component providers.

Termination

This License Agreement is effective until terminated. SBF may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the media containing the Program or erase it from all computers you have installed it on, or had installed on.

Limited Warranty

SBF expressly disclaims any warranty for the program and manual(s) are provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of the Program remains with you, however, SBF warrants up to and including 90 days from the date of your purchase of the Program that the media on which the Program is furnished shall be free from defects in material and workmanship. In the event that the downloaded .zip file (delivered via electronic shipment (E-MAIL, FTP, HTTP, etc.) proves to be defective during that time period, and upon presentation to SBF of proof of purchase of the defective Program, SBF will either:
  electronically deliver a new working copy; or
  correct any defect.

Limitation of Liability

SBF shall not be liable in any way for loss or damage of any kind resulting from the use of the program including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, security breaches, data loss, data corruption or any and all other commercial damages or losses. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

This software is provided "as is" without any express or implied warranties. SBF hereby disclaims all warranties and conditions with regard to the software including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall SBF or its suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from any procurement of substitute goods or services, any business interruption, or any loss of use, data, profits or wages whether in any action of contract, negligence, or other tortuous action arising out of or in connection with the use or performance of software provided.

Miscellaneous

This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.

You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between SBF and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written (including inconsistent statements in written materials and online help accompanying the Program), and any other communications between SBF and you.